4 days short of ILR

[salak100]

Hi guys,

I have frequently visited this forum for guidance and have to say that this is a great resource and thank you to the team for making it possible.

Now my issue: I got HSMP (tier 1) on 21/01/2009 for 3 years i.e. until 21/01/2012 but travelled on 20/05/2009 hence after the 90 day period. This would mean that my ilr eligibility period (5 years less 28 days) will be completed on 22/04/2014

I applied for extension in 2012 and it was valid from 18/04/2012 until 18/04/2014. Now this means that i have a shortfall of 4 days as i would be eligible for ILR on 22/04/2014 (including 28 days). I have spoken to 2 solicitors and have received different answers. One solicitor said that i need an extension and than apply for ILR after my extension. The 2nd solicitor said that apply for ILR and add a letter asking for the case worker to exercise his/her discretion and allow the 4 days. In this option, the solicitor advised that only postal application will work. I am inclined to take up this option as i would be saving fee for extension.

Has anyone encountered something like this and any advise for me.

Thank a million
salman

[vinny]

See also options.

[salak100]

Thanks Vinny for the response.

I have read the information you pointed me towards and have decided to go for a postal application as that will help cover my shortfall. The next question is about my wife. I got married in 2012 December so after the new rules came into effect i.e. my wife can apply for ILR after 5 years. Anyways, her visa expires on 18.04.2014, same as me and was wondering if I can use FLR O for her extension or do I submit PBS dependent form?

Any help in this regards will be highly appreciated.

Thanks
salman

[salak100]

Guys, any advice?

[razi.khan]

My dear friend
Your 5 years completed on 19/05/2014 a day before you entered in UK. Now you should calculated the 28 days from 19/05/2014 which is 10/04/2014. If your visa is valid then you can apply

Thanks

R.KHAN

Hi guys,

I have frequently visited this forum for guidance and have to say that this is a great resource and thank you to the team for making it possible.

Now my issue: I got HSMP (tier 1) on 21/01/2009 for 3 years i.e. until 21/01/2012 but travelled on 20/05/2009 hence after the 90 day period. This would mean that my ilr eligibility period (5 years less 28 days) will be completed on 22/04/2014

I applied for extension in 2012 and it was valid from 18/04/2012 until 18/04/2014. Now this means that i have a shortfall of 4 days as i would be eligible for ILR on 22/04/2014 (including 28 days). I have spoken to 2 solicitors and have received different answers. One solicitor said that i need an extension and than apply for ILR after my extension. The 2nd solicitor said that apply for ILR and add a letter asking for the case worker to exercise his/her discretion and allow the 4 days. In this option, the solicitor advised that only postal application will work. I am inclined to take up this option as i would be saving fee for extension.

Has anyone encountered something like this and any advise for me.

Thank a million
salman

[salak100]

Thank you Razi.

The 28 days will make it 21/04/2014 and my visa expires on 18/04/2014. I will be taking a slight risk and sending application via post and will hope that case worker will use discretion to disregard the shortfall of 4 days. This has happened before and we have examples on this forum. My question now actually is regarding my my wife who is here on a dependent visa. As we got married in 12/12/2012, new rules apply to her. I would like some guidance regarding which form to use for her application?

[mjunaid106]

Thank you Razi.

The 28 days will make it 21/04/2014 and my visa expires on 18/04/2014. I will be taking a slight risk and sending application via post and will hope that case worker will use discretion to disregard the shortfall of 4 days. This has happened before and we have examples on this forum. My question now actually is regarding my my wife who is here on a dependent visa. As we got married in 12/12/2012, new rules apply to her. I would like some guidance regarding which form to use for her application?

Hi,

Did you apply for the visa, whats the outcome?

Cheers,